Most registered trademarks with "China" can not be registered, why the "China biology" word trademark can be successfully registered?-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Most registered trademarks with "China" can not be registered, why the "China biology" word trademark can be successfully registered?

Release Time：

2022-08-16

Introduction Recently, "Sinopsin Group" and "China Biological" obtained the trademark approval registration notice of the State Intellectual Property Office Trademark Office. The trademark right confirmation of "China Bio" will effectively crack down on external infringement and unfair competition, and promote the protection of China's bio brand to a new situation. According to the official release of China Biology, this marks a major landmark achievement in the construction of Sinopharm's Chinese biological brand.

Introduction

Recently, "Sinopod Group" and "China Biological" obtained the trademark approval registration notice of the State Intellectual Property Office Trademark Office.The trademark right confirmation of "China Bio" will effectively crack down on external infringement and unfair competition, and promote the protection of China's bio brand to a new situation.According to the official release of China Biology, this marks a major landmark achievement in the construction of Sinopharm's Chinese biological brand. Why do you say that? Because Article 10, Paragraph 1, paragraph 1 of the Trademark Law stipulates that "those identical with or similar to the state name, national flag, national emblem, national anthem, military flag, military emblem, military song, MEDALS, etc. of the People's Republic of China, as well as those identical with the name, logo of a central state organ, the name of a specific location or the name or image of a landmark building" shall not be used as a trademark. So, why can Sinopharm Group and China Biology register successfully? Data show that China Pharmaceutical Group Co., LTD. (referred to as "Sinopsin Group"), is directly managed by the State-owned Assets Supervision and Administration Commission of the State Council, China's largest, the most complete industrial chain, the strongest comprehensive strength of the pharmaceutical health industry group.

Our country has always been strict in examining the trademarks that contain the word "China" or "country".

Trademark Law Article 10 Paragraph 1 (1) stipulates that "those identical with or similar to the state name, national flag, national emblem, national anthem, military flag, military emblem, military song, MEDALS, etc. of the People's Republic of China, as well as those identical with the name, logo of a central state organ, the name of a specific location or the name or image of a landmark building" shall not be used as a trademark.

In addition, the review of the "country" trademark also needs to consider the following two points.

Article 10, Paragraph 1 (7) of the Trademark Law, to see whether the trademark is easy to cause the public to misidentify the content, quality and other characteristics of the service or the source of the service. (2) Consider whether the trademark involves "other adverse effects" as provided for in Article 10, paragraph 1 (8) of the Trademark Law.

The "Quintessence" trademark applied by Global Wine before was invalid, and the "National wine Moutai" trademark application for 17 years encountered 100 objections and finally failed to register. On June 12, 2019, Li Baofang, Party secretary, chairman and general manager of Moutai Group Company, said that the trademark of "national liquor Moutai" will be discontinued before June 30. The announcement of the court's trial results means that the trademark dispute over "national liquor Moutai" has officially ended.

Xinghua Village "national wine Fenjiu" is disputed, Shanxi Xinghua Village Fenjiu, like Moutai, once appeared as the main drink at state banquets. The trademark of "State banquet Fenjiu" was rejected by the Trademark Office, on the grounds that "state banquet" is a grand banquet held by the head of state or government on behalf of the state to entertain guests, and is a kind of treatment enjoyed by guests in international exchanges, and the word is easy to produce adverse social effects as a trademark.

(Photo credit: net)

Before the "China Express" trademark application was also rejected, the trademark Office believes that the application trademark "China Express" designated use in "parcel delivery" and other services, the lack of significance, shall not be registered as a trademark, the applicant submitted evidence is not enough to prove that the application trademark through the use of significant characteristics, and easy to identify, can be registered as a trademark. Many cases containing the word "country" trademark registration failed or was invalid.

(Photo credit: China Trademark Network)

So, why can "China Biology" and "Sinopharm Group" successfully register?

In fact, there are some "country" trademarks approved for registration, but this is only a very small number.

👇👇👇

[Example 1]

China Post Group Corporation is a large wholly state-owned enterprise established in accordance with the Law of the People's Republic of China on Industrial Enterprises Owned by the whole People. China Post Group Corporation is an investment institution authorized by The State Council and undertakes the obligation to maintain and increase the value of state-owned assets. The Ministry of Finance is the state-owned asset management arm of China Post Group Corporation. There are historical and political factors behind the successful registration of the China Post logo.

[Example 2]

Another example is "China Gold", China Gold Group Co., Ltd. is a state-owned enterprise in China's gold industry approved by The State Council, "China Gold" is the abbreviation of the enterprise approved by the State-owned Assets Supervision and Administration Commission, which has been unique and high visibility in China after long-term use and extensive publicity, and has trademark significance. Therefore, in the case of objections from nine units, it was still successfully approved for registration.

【 Example 3】

There is also "China Jewelry", China Jewelry Import and Export Co., Ltd. belongs to China Arts and Crafts (Group) Corporation, is a central enterprise supervised by the State-owned Assets Supervision and Administration Commission of the State Council, is now the only Chinese representative of the International Jewelry Federation, China Jewelry jewelry Industry Association vice president unit, All-China Federation of Industry and Commerce Gold and Silver jewelry Industry Chamber of Commerce vice president unit. The overall meaning of "Chinese jewelry" is different from the name of the country, and does not violate the provisions of Article 10, paragraph 1 (1) of the Trademark Law before the amendment.

So, Sinopharm Group, China biological? Baidu encyclopedia data show that China Pharmaceutical Group Co., LTD. (referred to as "Sinopsin Group"), is directly managed by the State-owned Assets Supervision and Administration Commission of the State Council, China's largest, the most complete industrial chain, the strongest comprehensive strength of the pharmaceutical health industry group.

(Photo credit: Baidu Encyclopedia)

Enterprise check shows that China Biotechnology Co., LTD. (" China Bio ") began in 1919, formerly known as the Central Epidemic Prevention Office of Beiyang Government, directly under the leadership of the Ministry of Health after the establishment of New China, and is now an important member of the world's top 500 China Pharmaceutical Group Co., LTD., which is a long history, full range of products and large scale in China. A comprehensive biopharmaceutical enterprise integrating scientific research, production, sales and graduate training.

(Photo source: Enterprise Chacha)

According to the official document of China Bio, in recent years, Sinopharm Group China Bio has made important contributions in the global fight against the novel coronavirus epidemic. As the main force of China's biomedical national team and scientific and technological fight against the epidemic, China Bio focuses on the three fields of "diagnosable, treatable and preventable". We independently developed four COVID-19 diagnostic reagents, four COVID-19 specific therapeutic drugs, and four COVID-19 vaccines along three technical routes. China's biological COVID-19 vaccines have been approved for registration or emergency use in 119 countries, regions and international organizations around the world, covering 196 countries. China Bio's contribution to the global fight against the epidemic has been fully recognized by all sectors of society at home and abroad, and the brand awareness and reputation of "China Bio" have been greatly improved, promoting brand building.

There have been media reports that Sinopharm Group has found a number of incidents suspected of violating the brand image of Sinopharm Group, involving business cooperation in the name of Sinopharm Group or its subsidiaries, and suspected brand authorization fraud...... Obviously, this kind of "Sinopharm Group", "China biological" trademark has a relative authority, if it is used fraudulently, it is not a small loss for consumers and brands.

Presumably, this is also part of the reason why this trademark can be successfully registered, the successful registration of the "China biological" trademark will effectively prevent such trademark infringement, and it is good for promoting consumers to distinguish the source of trademarks and protect the rights and interests of consumers.

Source: Joint Road, IP community

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